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Section 106 and CIL
Consultation Update: We are currently consulting on a revised CIL Charging Schedule and a revision to the Section 106 and CIL Supplementary Planning Document. You can find out more information about this here.
CIL and S106 planning obligations are separate infrastructure funding regimes. S106 agreements address site-specific mitigation required to make a new development acceptable in planning terms, whilst CIL addresses the broader impacts of the development.
Although some developments will attract both CIL liability and S106 obligations, there should be no circumstances where a developer is paying CIL and S106 for the same infrastructure in relation to the same development.
Whilst S106 obligations have been scaled back since Southwark's CIL adoption in April 2015, S106 agreements will continue to be used to secure affordable housing, to mitigate site-specific issues, and to address other policy requirements that cannot be dealt with through CIL, for example Employment, Archaeology and Carbon offsetting contributions.
Unlike S106, CIL is not negotiable. CIL is charged on most new developments that comprise one or more dwellings, or involve 100+ sqm (GIA) of new build floor area.
Southwark Council is the CIL Collecting authority for developments in Southwark, and collects both the London Borough of Southwark CIL as well as the Mayor of London’s CIL (see below for more information).
Unless otherwise stated, information on CIL refers to Southwark Council’s local CIL (“SCIL”) and not the Mayoral CIL (“MCIL”).
The Mayoral CIL applies to CIL liable developments granted planning permission on or after 1 April 2012, which is used by the Mayor of London to fund the delivery of Crossrail. For developments in Southwark, the Mayoral CIL Rate is £35/sqm, plus indexation.
For full details please visit the Greater London Authority (GLA)’s Mayoral CIL webpage:
View and/or download our related documents:
Get involved – Projects List
We have set up the Community Infrastructure Projects List (CIPL) for the local community to suggest and propose projects to be funded by CIL and S106. The lists are agreed and confirmed by the relevant community councils.
Under most circumstances, most CIL money collected from a development can be spent anywhere in the borough, but we have committed to spending 25% of all CIL raised in an area locally. S106 funds are required to be spent in the locality of the related development.
Projects on the list will need to be publically accessible infrastructure improvements. Projects funded by S106 will need to aid mitigation of local impacts of developments, while projects funded by CIL will need to provide infrastructure that supports growth.